BILL NUMBER: SB 1282	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Blakeslee

                        FEBRUARY 23, 2012

   An act to amend Section 4504 of the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1282, as introduced, Blakeslee. Inmates: mental health
treatment.
   Existing law describes the circumstances under which a person is
deemed confined in a "state prison," including when the person is
committed to a facility of the Department of Corrections and
Rehabilitation or when the person is temporarily outside its walls or
bounds for the purpose of serving on a work detail or for the
purpose of confinement in a local correctional institution pending
trial. Existing law provides that a person who is confined in the
state prison who commits a crime, such as possessing or manufacturing
a weapon, such as a weapon commonly known as a blackjack, committing
a battery on a person who is not confined in a state prison, or
escaping or attempting to escape from the state prison, is guilty of
a felony punishable by imprisonment in the state prison for
additional terms, as specified, to be served consecutively.
   Existing law also provides that mentally ill, mentally deficient,
or insane persons who are confined to the state prison may be treated
at a state hospital if the Secretary of Corrections and
Rehabilitation believes that the person's rehabilitation may be
expedited by that treatment.
   This bill would provide that a person is deemed "confined in" a
prison if he or she is confined in a state hospital where prisoners
of the state are located and receiving mental health treatment or
where prisoners are confined and are receiving mental health
treatment as a condition of parole. By changing the classification of
certain crimes, such as possessing a weapon commonly known as a
blackjack when committed by persons who are receiving mental health
treatment, from a misdemeanor to a felony, the bill would impose
additional duties on local prosecuting entities, thereby creating a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4504 of the Penal Code is amended to read:
   4504.  For purposes of this chapter:
   (a) A person is deemed confined in a "state prison" if he  or
she  is confined in any of the prisons and institutions
specified in Section 5003 by order made pursuant to law, including,
but not limited to, commitments to the Department of Corrections
 or the Department of the Youth Authority   and
Rehabilitation  , regardless of the purpose of such confinement
and regardless of the validity of the order directing  such
  that  confinement, until a judgment of a
competent court setting aside  such   the 
order becomes final.
   (b) A person is deemed "confined in" a prison although, at the
time of the offense, he  or she  is temporarily outside its
walls or bounds for the purpose of serving on a work detail or for
the purpose of confinement in a local correctional institution
pending trial or for any other purpose for which a prisoner may be
allowed temporarily outside the walls or bounds of the prison, but a
prisoner who has been released on parole is not deemed "confined in"
a prison for purposes of this chapter. 
   (c) A person is deemed "confined in" a prison if he or she is
confined in a place where prisoners of the state are located within
the meaning of Section 2684 or where prisoners are confined and are
receiving mental health treatment as a condition of parole. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.